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(영문) 울산지방법원 2018.07.06 2018고단1221

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On January 13, 2016, the Defendant was sentenced to a two-year suspended sentence for injury, etc. at the Ulsan District Court, and on August 11, 2016, the period of suspended sentence was two months of imprisonment with prison labor for fraud, etc., and the judgment of the same month became final and conclusive on August 15, 2017, the sentence of suspended sentence was invalidated, and the execution of the final sentence was completed in the port prison.

[2] On December 2, 2017, the Defendant 112, at the front of the “D Mana” located in Ulsan-gu, Ulsan-gu, U.S., on the front of the “D Mana” road, the Defendant 112 of the former Mana, saying, “Any other person who has taken a drinking Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana, who was called out after receiving a report from the latter 112, obstructed the Defendant’s legitimate execution of his duties by assaulting the police officers, such as “any other person who has taken a drinking flana mana mana mana mana mana mana, so he is unable to use any rain under the influence of alcohol.” On the other hand, the Defendant interfered with the Defendant’s execution of duties concerning the report processing of the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Photographs;

1. Previous records of judgment: Inquiry into criminal records, investigation reports (verification of the expiration of the term of punishment and attachment of a copy of the same criminal records, etc.), personal confinement status, and application of each statute of judgment;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person interferes with the execution of official duties in the judgment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment according to the sentencing guidelines] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is [the scope of the punishment according to the sentencing guidelines] interference with the performance of official duties, and the special aggravation area (1 to 6 years) for special aggravation area: in case where there are many public officials who have suffered damage, (1) the crime of this case is committed by the defendant against the same repeated crime (a decision of sentence] under the influence of alcohol.